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Criteria for Termination of Parental Rights on the Ground of Mental Illness Explained

In affirming the termination of petitioner’s parental rights upon the ground of mental illness, the Third Department explained the criteria:

To terminate parental rights upon the ground of mental illness, the petitioning agency must demonstrate, by clear and convincing evidence, that the parent is — and for the foreseeable future will continue to be — unable to provide proper and adequate care for his or her [child] by reason of that parent’s mental illness. Such a showing, in turn, must include testimony from appropriate medical witnesses particularizing how the parent’s mental illness affects his or her present and future ability to care for the [child]” … . Matter of Kaitlyn X …, 2014 NY Slip Op 08272, 3rd Dept 11-26-14

 

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